MANJARI SEN Vs. NIRUPAM SEN

JUDGEMENT

(1.) By this petition under sub-section (3) of section 23 of the Code of Civil Procedure, the petitioner prays that the petition (Hindu Marriage Act Case No. 184 of 1973) filed by the respondent and pending in the Court of the District Judge, Delhi, within the jurisdiction of this High Court be transferred to the Court of the District Judge, Patna, within the jurisdiction of the Patna High Court. The respondent is the husband and the petitioner is his wife. The aforesaid petition has been filed by the respondent under section 10 of the Hindu Marriage Act, 1955 for a decree of judicial separation primarily on the ground of mental cruelty.

(2.) The parties were married at Patna on February 4, 1971. After the marriage the petitioner lived with the respondent at Delhi for about twenty days when she went back to Patna but returned to Delhi in or about May, 1971 and stayed here upto about July, 1971. She again went back to Patna in July, 1971 to join her college and she remained there till about March, 1972. Then she came back to Delhi where the parties stayed together till about the middle of July, 1972 when they left for Moscow where the respondent was posted. But the petitioner returned to India in or about the middle of November, 1972. It is not disputed by the petitioner that since July, 1973, the petitioner is living at Delhi where she is studying in a local college.

(3.) The respondent filed the aforesaid petition in the Court of the District Judge, Delhi, on March 29, 1973. Shortly thereafter, on May 16, 1973, the petitioner filed the petition against the respondent in the Court of the District Judge, Patna, under section 10 of the Hindu Marriage Act, 1955 in her turn alleging mental cruelty against respondent and praying for a decree for judicial separation.